May 21, 2015 – R v Kokopenace Decision

May 21, 2015 – R v Kokopenace Decision

Today, the Supreme Court of Canada issued its ruling in the matter of R v. Kokopenace. Justice Moldaver, writing for the majority, allowed the Appeal, stating that the order for a new trial is set aside and Mr. Kokopenace’s manslaughter conviction is reinstated. Further, the Court determined that the state met its representativeness obligation with regard to jury selection, and that a fair opportunity was provided for a broad cross-section of society to participate in the jury process. In dissent, Chief Justice McLachlin and Justice Cromwell stated that the jury roll was not representative due to its composition being a “substantial departure from what random selection among all potentially eligible jurors in the district would produce, in view of the under-representation of Aboriginal on-reserve residents on the jury roll.”